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4 28 25 City Council Proceedings Official Special CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:30 p.m. on April 28, 2025 , in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen (attended virtually), City Attorney Brumwell (attended virtually). Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of adopting the Fiscal Year 2026 Annual Budget and Five-Year Capital Improvement Program. PUBLIC HEARINGS 1. Amended Fiscal Year 2026 Budget Recommendation : Motion by Jones to receive and file the documents and adopt Resolution No. 144 -25 Adopting the City of Dubuque Fiscal Year 2026 Annual Budget and Resolution No. 145-25 Adopting the City of Dubuque Five Year Capital Improvement Program. Seconded by Sprank. During her presentation, Chief Financial Officer Jennifer Larson shared that the City had been issued a termination notice that day from the Federal Administration for a portion of its federal AmeriCorps funding. However, due to limited information available currently, the potential impact on the Fiscal Year 2026 budget remains unclear. She therefore recommended that the City Council adopt the budget as presented. Clark Schloz, 2925 Burlington St., provided input on the city’s budgeting process and tax rate. City Clerk Breitfelder announced written input was received by Schloz, along with John Klostermann, 1755 Bristol Dr.; Tammy Wehrspann, 1695 Avoca St.; Marc Onken, 2142 Seippel Rd.; Chris Miller, 2273 Southway Dr.; Emma Chambers, 940 Kelly Ln.; Jennifer Chambers, 940 Kelly Ln.; Heather Rath, 15350 Wood Vale Ct.; Natalie Nemmers, 1290 Arrowhead Dr.; Jennifer Nielsen, 200 Fremont Ave.; Jeni Bormann, 1595 Kane; Blaine Nielsen, 200 Fremont Ave.; Kim Finn, 1490 Kaufmann Ave.; Jeff Ronek, 15618 White Oak Dr.; Kelly King, 11123 Hidden Springs Ct.; Kelly Lemm, 2489 Hacidenda Dr.; Susan Kono, 82 Nevada St.; Amanda Saylor, 2450 University Ave.; Mark Matel, 2059 Golden Eagle Dr.; and Jacob Mozena, 900 Jackson St. The amended Fiscal Year 2026 budget recommendation includes a recurring $10,000 allocation for additional Airport advertising. In response to questions, Larson explained that the balance between operating and capital budgets varies depending on the capital projects proposed, but this year’s ratio of two -thirds operating and one-third capital is about average for the City. City Council Members expressed appreciation to staff for their efforts throughout the budget proces s, thanked residents for their input, and identified potential focus areas for future goal -setting sessions. Council Members also voiced disappointment regarding cuts to AmeriCorps funding. Mayor Cavanagh requested that funding be identified to enable the Director of Strategic Partnerships position to be filled before the originally proposed date of January 1 . Van Milligen summarized the budgeting process and noted the city’s consistent record of closing each fiscal year with a surplus. If Fiscal Year 2025 also ends with a surplus, some of those funds could be used to accelerate hiring for the Director of Strategic Partnerships position, enabling it to be filled before January 1. The city currently contracts with Teri Goodmann, who previously held the position, for federal relations. The new Director would collaborate with Goodmann while also developing state and loc al partnerships. After discussion, Council Members agreed with Van Milligen’ s recommendation to adopt the budget as proposed and to use any surplus funds from Fiscal Year 2025 to expedite filling the position. Motion carried 7-0. RESOLUTION NO. 144-25 ADOPTING THE CITY OF DUBUQUE FISCAL YEAR 2026 ANNUAL BUDGET NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the annual budget for the fiscal year ending June 30, 2026, as set forth in the Adoption of Budget and Certification of Taxes and supporting state budget forms showing the revenue estimates and appropriation expenditures and allocations to programs and activities for said fiscal year, is adopted as amended. Section 2. The Chief Financial Officer is directed to make the filings required by law. Passed, approved and adopted this 28th day of April 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 145-25 ADOPTING THE CITY OF DUBUQUE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM Whereas, a recommended five-year Capital Improvement Program for the period beginning July 1, 2025, and ending June 30, 2030, for the City of Dubuque has been prepared and submitted to the City Council; and Whereas, the five-year Capital Improvement Program describes specific capital improvement projects, provides estimated costs for those projects, proposes sources of funds for each of them, and schedules the year during which each project will be undertaken; and Whereas, the capital improvement projects for the first year are included in the Fiscal Year 2025 budget for the City of Dubuque; and Whereas, the five-year Capital Improvement Program will be reconsidered annually by the City Council and appropriately revised; and Whereas, the adoption of the five-year Capital Improvement Program is a prudent measure to provide continuity of programs and is in the best interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the five-year Capital Improvement Program for the period beginning July 1, 2025, set out in the Fiscal Year 2026 -2030 Recommended Capital Improvement Budget, is hereby approved and adopted as allocation of City resources for capital improvements as scheduled in the years shown, subject to annual review and revision. Passed, approved and adopted this 28th day of April 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ACTION ITEMS 1. Establishing Water Utility Rates for Fiscal Year 2026: Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 10 -25 Establishing City Of Dubuque Code Of Ordinances Title 13 Public Utilities, Chapter 1 Water Use And Service, Article C Rates, Section 13 -1C-1(A) Fixing Water Rates For Residential, Commercial, Industrial, And All Other Uses and Ordinance No. 11-25 City Of Dubuque Code Of Ordinances Title 13 Public Utilities, Chapter 2 Sewers And Sewage Disposal, Article C Rates, Section 13-2C-3 Rates Established For Fiscal Year 2026. Seconded by Resnick. Motion carried 7-0. ORDINANCE NO. 10-25 ESTABLISHING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 1 WATER USE AND SERVICE, ARTICLE C RATES, SECTION 13-1C-1(A) FIXING WATER RATES FOR RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AND ALL OTHER USES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-1C-1(A) of the City of Dubuque Code of Ordinances, is hereby unchanged, and shall read as follows: Section 13-1C-1A: Residential, Commercial, Industrial and All Other Uses. A. Rates Established: The rates to be charged for water for residential, commercial, industrial and all other uses and purposes by any person, firm or corporation within the city shall be based on units of one hundred cubic feet (748 gallons) or per gallon as follows: Monthly Consumption (in Hundreds of Cubic Feet) Charge per Hundred Cubic Feet First 30 $5.35 Next 120 $4.35 Next 350 $4.04 Next 500 $3.56 Over 1,000 $3.16 Monthly Consumption (in Gallons) Charge per Gallon First 22,440 $0.00710 Next 89,760 $0.00582 Next 261,800 $0.00542 Next 374,000 $0.00479 Over 748,000 $0.00419 Rates shall be subject to the following minimum monthly charge according to the size of the meter: Meter Size - Inches Monthly Consumption - (In Hundreds of Cubic Feet) Monthly Consumption - (In Gallons) Minimum Charge 5/8 2 1,496 $10.62 3/4 5 3,740 $26.55 1 8 5,984 $42.49 1 1/2 26 19,448 $138.08 2 46 34,408 $244.30 3 106 79,288 $562.94 4 168 125,664 $892.21 6 368 275,264 $1,954.37 8 625 467,500 $3,319.25 A property owner shall pay a $50.00 disconnect fee for water service that is disconnected by the city for a meter not in service. When a tenant account is subject to disconnection due to delinquency, the tenant shall pay the $50.00 disconnect fee. A $50.00 service call fee shall be changed to property owners or tenant account for those service calls that are determined to be related to customer negligence. A $9.70 minimum monthly charge shall be assessed for meters not in service. Section 2. This Ordinance shall take effect July 1, 2025. Passed, approved and adopted this 28th day of April 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ORDINANCE NO. 11-25 ESTABLISHING THE CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES CHAPTER 1 WATER USE AND SERVICE, ARTICLE C RATES SECTION 13-1C-2 FIXING WATER RATES FOR FIRE SPRINKLER SERVICE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-1C-2 of the City of Dubuque Code of Ordinances is hereby unchanged, and shall read as follows: Section 13-1C-2: Fire Sprinkler Service. Customers who have fire sprinkler service shall be billed for this service on a monthly basis. The monthly charge shall be as follows: CURRENT NUMBER OF HEADS MONTHLY CHARGES Up to 200 (minimum) $32.54 200-299 $39.05 300-399 $45.47 400-599 $52.06 600-799 $58.50 800 -999 $65.05 1,000 - 1,199 $71.58 1,200 - 1,399 $78.01 1,400 - 1,599 $84.53 1,600 - 1,799 $91.05 1,800 - 1,999 $97.49 2,000 - 2,199 $104.03 2,200 - 2,399 $110.53 2,400 - 2,599 $117.06 2,600 - 2,799 $123.54 2,800 - 2,900 $130.21 3,000 - 3,499 $136.53 Over 3,500* $6.49 *(for each additional 500 heads or fraction thereof) Section 2. This Ordinance shall take effect July 1, 2025. Passed, approved and adopted this 28th day of April 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 2. Establishing Sanitary Sewer Utility Rates for Fiscal Year 2026 : Motion by Roussell to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Sprank. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 12 -25 City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 2 Sewers and Sewage Disposal, Article C Rates, Section 13-2C-3 Rates Established for Fiscal Year 2026. Seconded by Sprank. Motion carried 7-0. ORDINANCE NO. 12-25 CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 2 SEWERS AND SEWAGE DISPOSAL, ARTICLE C RATES, SECTION 13 - 2C-3 RATES ESTABLISHED FOR FISCAL YEAR 2026 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-2C-3 of the City of Dubuque Code of Ordinances reads as follows: 13-2C-3: RATES ESTABLISHED: Contributors whose property lies within the corporate limits of the city, except as otherwise provided in this article, shall pay to the city at the same time payment for water services is made, a sewer service charge computed on water consumption on the following rates: . . . . B. Schedule Of Rates: Rate per each 100 cubic feet $7.44 Rate per each gallon 0.00995 C. Service Charge: . . . . 7. Where the quantity of water consumed is such that the minimum of service is charged, the minimum sewer service charge, according to the size of the meter, shall be as follows: Meter Size (Inches) Minimum Charge Allowance (Cubic Feet) Allowance (Gallons) 5/8 $14.90 200 1,496 3/4 $37.23 500 3,740 1 or larger $59.58 800 5,984 Section 2. This Ordinance shall take effect on the 1st day of July 2025. Passed, approved, and adopted this 28th day of April 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 3. Establishing Solid Waste Utility Rates for Fiscal Year 2026 : Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Farber. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 13-25 Amending City Of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 6 Solid Waste. Seconded by Sprank. Motion carried 7-0. ORDINANCE NO. 13-25 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 6 SOLID WASTE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 13, Chapter 6 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 13-6-1: DEFINITIONS: For the purpose of this chapter the following definitions shall apply: BUILDING MATERIALS: Any material such as lumber, floor coverings, brick, plaster, sheet metal or any other substances accumulated as a result of repairs or additions to existing buildings, construction of new buildings or demolition of existing structures. BULKY ITEM(S) Any items that do not fit into a city-issued refuse cart and that are larger than three feet by two feet or weigh more than 40 pounds. CLASS I PREMISES: Shall mean and include the following properties in the City of Dubuque: • Single-family dwellings. • Multiple-family dwellings up to and including six (6) dwelling units. • Dwelling units in business or commercial premises. • Where two (2) or more laterally connected or joined dwelling units, including condominiums, townhouses, and row houses, in which each dwelling unit has separate access and utility service, each dwelling unit shall constitute a single - family dwelling. CLASS II PREMISES: Residential premises other than Class I residential premises, located in the City of Dubuque, including: • Dwellings in trailer courts; • Schools, colleges, churches, convents, nursing homes, rooming houses and other semiprivate institutions; and • Multiple-family dwellings exceeding six (6) dwelling units. CLASS III PREMISES: All business and commercial premises located in the City of Dubuque, including that part of a residential premises with a business or commercial use. DWELLING: Shall mean and include any building or portion thereof containing one or more dwelling units. DWELLING UNIT: Shall mean and include one or more connected rooms having complete kitchen facilities and arranged, designed, or used as living quarters for one family only. FOOD SCRAPS: Solid, semisolid, and liquid animal and vegetable residuals resulting from the handling, preparing, cooking, storing, serving and consuming of food. GARBAGE: All solid and semisolid, putrescible animal and vegetable wastes resulting from the handling, preparing, cooking, storing, serving and consuming of food or of material intended for use as food, and all offal, excluding useful industrial byproducts, and shall include all such substances from all public and private establishments and from all residences. HAZARDOUS WASTES: Waste materials, including, but not limited to, poisons, pesticides, herbicides, acids, caustics, biohazardous wastes, flammable or explosive materials and similar harmful wastes which require special handling, and which must be disposed of in such a manner as to conserve the environment and protect the public health and safety. ORGANIC WASTE: Any biodegradable waste material originating from plants, animals, or other natural sources that can be decomposed or broken down into simpler organic compounds through biological processes. This includes but is not limited to food scraps, yard waste, paper products, and other biodegradable materials. Organic waste does not include materials such as plastics, metals, or glass which do not readily decompose under natural conditions. OWNER: In addition to the record titleholder, any person residing in, renting, leasing, occupying, operating, or transacting business in any premises and as between such parties, the duties, responsibilities, liabilities, and obligations hereafter imposed shall be joint and several. PREMISES: A building or part of a building and its grounds located in the City of Dubuque. RECYCLABLE MATERIALS: Materials, as designated by the City of Dubuque and set out in this chapter, which would otherwise become solid waste that can be source separated, collected, processed, and returned to the economic stream in the form of raw materials or products. REFUSE: All landfilled material generated by occupiers of land within the City of Dubuque corporate limits, whether recyclable or nonrecyclable material. SOLID WASTE: Garbage, refuse, rubbish, recyclable materials, organic waste, and other similar discarded solid or semisolid materials, including, but not limited to, such materials resulting from industrial, commercial, agricultural, and domestic activities. Solid waste does not include toxic or hazardous materials. YARD WASTE: Organic materials generated from routine maintenance and landscaping activities within residential, commercial, or public properties. This includes grass clippings, leaves, branches, shrub trimmings, and other vegetative matter originating from the maintenance of lawns, gardens, and outdoor landscapes. Yard waste does not include materials such as soil, rocks, or construction debris. 13-6-2. DEPOSITS ON OTHER PUBLIC OR PRIVATE PROPERTY: A. Prohibition: No person shall throw, rake, deposit, dump, drop, spill or store (other than the placement of containers for collection as provided herein) any solid waste or toxic and hazardous wastes upon the streets, sidewalks, rights of way or any publ ic or private property within the city. B. Exception: This section shall not apply to junk dealers, auto salvage dealers, pawnbrokers or secondhand dealers licensed under title 4, chapter 6 of this code. 13-6-2. WRAPPING AND DRAINING OF CERTAIN SOLID WASTES: All solid waste consisting of waste animal and vegetable matter which may attract flies, dogs, cats, rodents, and other animals shall be drained of all excess liquid, wrapped in paper or disposable containers, and placed or stored, until collected, in cove red suitable containers. 13-6-3. UNLAWFUL ACCUMULATIONS: A. Health Or Sanitation Hazard: It shall be unlawful for any person to permit to accumulate on any premises, improved or vacant, or on any public place in the city, such quantities of solid waste, either in containers or not, that shall constitute a health or sanitation hazard. B. Storage Within Or Close To Buildings: It shall be unlawful for any person to accumulate quantities of refuse, papers, garbage, ashes or other solid waste within or close to any building in the city, unless the same is stored in containers in such a manner as not to create a health or fire hazard. 13-6-4. STORAGE AND ACCUMULATION RESTRICTED: A. Within the corporate limits of the city, all garbage or refuse consisting of waste animal or vegetable matter upon which rats may feed, and all small dead animals, shall be placed and stored until collected in covered metal containers of a type prescribed by the health officer. B. Dumping On Premises Or Waterways Prohibited: It is unlawful for any person to dump or place on any premises, land or waterway, any dead animals, or any waste vegetable or animal matter of any kind. C. Providing Harborage For Rats: It shall be unlawful for any person to place, leave, dump, or permit to accumulate any garbage, rubbish or trash in any building or on any premises, improved or vacant, or on any open lot or alley in the city so that the same shall or may afford food or harborage for rats. D. Lumber And Boxes Placed On Elevated Racks: It shall be unlawful for any person to permit to accumulate on any premises, improved or vacant, or on any open lot or alley in the city any lumber, boxes, barrels, bottles, cans, containers or similar material that may be permitted to remain thereon unless same shall be placed on open racks that are elevated not less than eighteen inches (18") above the ground, and evenly piled or stacked. 13-6-5. HAZARDOUS AND PROHIBITED WASTES REGULATED: A. Deposits Prohibited Except For Special Collection: No person shall deposit in a solid waste container or otherwise offer for city collection any hazardous wastes or prohibited wastes, except when a special collection is established by the city manager. B. Transportation By Owner: Hazardous wastes and prohibited wastes shall be transported by the owner to a sanitary disposal project licensed by the Iowa Department of Natural Resources to accept such wastes. C. Prohibited Wastes Described: "Prohibited wastes" includes, but is not limited to, waste oils, lead acid batteries and tires. D. The City of Dubuque solid waste collection service will not collect, including but not limited to, the following materials: Industrial waste; oil soaked rags, solvents, liquid paints, acids, chemicals, or other explosive or highly combustible or flammab le or hazardous materials; caustics, poisons, pesticides or herbicides; radioactive or toxic waste, biomedical waste; liquids, including motor oil; gaseous waste; septage, raw sewage, sludge and industrial process sludge; manure contaminated hay and straw or animal feces unless properly bagged; carcasses, viscera, or entrails of animals, unless properly contained, wrapped, or packaged; hot ashes; and building materials that are not bagged. 13-6-6. VEHICLES HAULING SOLID WASTE: A. Dropping, Sifting Or Leaking Of Load: No person shall haul any solid waste upon the streets, alleys or public places of the city unless the vehicle used for such purpose is so constructed or loaded or the load securely covered as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping or its load covering from dropping from the vehicle, except that materials may be dropped for the purpose of securing traction, or water or other substance may be applied on a roadway in cleaning or maintaining such roadway. B. Sanitary Condition: All vehicles, containers and dumpsters used for the collection and removal of solid waste shall be kept in a clean, inoffensive, and sanitary condition. All solid waste shall be handled in such a way as to prevent the scattering, spilling or leakage of same. 13-6-7. USE OF STATE APPROVED DUMP SITE OR DISPOSAL PROJECT: A. State Licensed Project: No person shall haul or cause to be hauled any solid waste to any sanitary disposal project, dump site or any other area unless such disposal project, dump site or other area is licensed by and in full compliance with all regulations in the state in which it is located. B. Filling Or Excavating; Permit Required: No person shall use dirt, stone, brick, concrete or similar inorganic material for fill, landscaping, excavation or grading without first obtaining a building permit, if required by other provisions of this code, and only in conformance with all provisions of the zoning and subdivision ordinances of this code. ARTICLE A. CITY OR PRIVATE COLLECTION SERVICE 13 -6A-1: CITY MANAGER'S AUTHORITY GENERALLY: The City Manager, or designee, is hereby authorized and directed to employ City owned vehicles and equipment and the necessary operating personnel to collect refuse, recyclable materials, organic waste, and bulky items and to collect fees and administer the program as provided for in this article in the City, upon the terms and conditions of this article. 13-6A-2: AVAILABILITY OF COLLECTION SERVICE: A. Collection service is provided within to City residents and businesses as described in this Chapter. The City Manager may consider requests for service outside of city limits, at the City Manager's sole discretion. B. Class I Premises: City solid waste collection services shall be mandatory. C. Class II Premises: Class II premises not serviced by City solid waste collection services may apply to the City Manager for such collection services. D. Class III Premises: Class III premises not serviced by City solid waste collection services may apply to the City Manager for such collection services. E. Recycling Services: Class II premises not serviced by City solid waste collection services and Class III premises may apply to the City Manager for such recycling services. F. Refusal Of Service: The City Manager may refuse solid waste collection services or recycling services because of quantities or characteristics beyond the capacity or capability to be handled efficiently or safely by City personnel and equipment. 13-6A-3: REFUSE COLLECTION SERVICE: A. All City of Dubuque solid waste customers shall use a city-issued cart for collection. The base rate gives access to a 35-gallon tipper cart for weekly refuse collection. B. In cases where a customer may choose multiple refuse carts or a cart larger than the base rate 35-gallon cart, the customer may choose from three additional cart sizes of forty-eight (48), sixty-four (64), or ninety-six (96) gallons. C. Excess Refuse: Official City of Dubuque single-use refuse stickers shall be applied to each additional standard 35-gallon bag or small item (not exceeding 3 feet by 2 feet or heavier than 40 pounds) which does not fit in the subscribed cart. D. Electronics or items larger than 3 feet by 2 feet or heavier than 40 pounds must be scheduled as a bulky item pick-up. E. The City Manager may require additional cart capacity if the subscribed cart is insufficient. The City shall notify the applicable account holder in writing of the additional capacity requirement, deliver the larger cart, and adjust the monthly bill. F. All refuse placed into City-issued carts must be in tied bags. G. Except for Class II premises, biomedical waste shall be placed in suitable containers separately from all other solid waste. Sharp objects, such as hypodermic needles, syringes, and lancets, shall be securely contained in hard plastic or metal disposable containers with screw-on or tightly secured lids for collection. Other biomedical waste, such as soiled bandages, disposable sheets, and medical gloves, shall be placed in thick disposable plastic bags or shall be double -bagged. H. Glass and similar materials shall be placed in puncture-resistant boxes and securely closed. 13-6A-4: RECYCLING COLLECTION SERVICE: A. One City owned curbside recycling container shall be provided by the City to each dwelling for the collection of recyclable materials. If additional recycling capacity is needed, a second container may be issued. B. The following types of solid waste are curbside recyclable materials: Rigid plastics with a recycling symbol between #1 – 5, Paper/cardboard/newspaper, and metal materials (such as cans, clean foil, pans). C. When a customer’s recycling container is frequently contaminated with nonrecyclable material and violations persist, the City may remove the container and stop the weekly collection. 13-6A-5: ORGANIC WASTE COLLECTION SERVICE: A. All organic waste shall be separated from all other solid waste and shall be composted on the premises or placed in organic collection containers for collection. B. Any premises composting on site shall maintain all compost piles in accordance with Title 6, Chapter 4 of this Code. C. Organic waste shall be collected according to the schedule established by the City Manager. D. The following materials may be collected curbside: branches and tree limbs - less than 5 feet long (must be bundled), flowers and potted plants (no pots), food scraps - fruit and vegetables, peels, pits, coffee grounds, eggshells, bread and grain products, grass clippings, leaves, plants, weeds, brush, natural Christmas trees, bones, dairy products, meat, poultry, fish, and non -wax coated paper products. E. Preparation Of Organic Waste: Organic waste collected by the City shall be placed in biodegradable paper bags no more than 35-gallons, bundled branches, privately owned 35-gallon containers, subscribed city-issued 64-gallon organic waste carts, or subscribed city issued 13-gallon organic waste carts. F. Organic waste set-out in a biodegradable paper bag requires single use stickers. The bags shall be no more than 35-gallon capacity, minimum two-ply weatherized material, and designed for yard waste collection capacity. G. Disposable organic waste bags shall not exceed 40 pounds without tearing or falling apart. Cardboard boxes or plastic bags shall not be used for organic waste collection. H. Organic waste set out in privately owned 35-gallon cans require a single-use yard waste sticker or an annual decal. 13-6A-6: BULKY ITEM COLLECTION SERVICE: A. No person shall place bulky items that are larger than 3 feet by 2 feet in diameter or weigh over 40 pounds out for collection except in accordance with the provisions of this chapter. B. Premises receiving City solid waste collection service are eligible to set out bulky items for collection provided the customer schedules in advance of their collection. Items which are placed out for collection which have not been previously scheduled for collection will not be collected and the property owner shall be responsible for their removal. 13-6A-7: FREQUENCY, TIME, AND AREAS OF COLLECTION: A. Frequency And Time Of Collection: Collections shall be made not more than once weekly at such time and in such areas of the City as shall be determined and set out in schedules prepared by the City Manager in accordance with the provisions of this article. All collections shall be made between the hours of 6:00 A.M. and 9:00 P.M. B. Collection Schedule: The collection schedule shall not include official City holidays unless otherwise determined by the City Manager. However, a Saturday may be substituted as the collection day to replace the collection which would otherwise be made on the day of the week the holiday occurs. C. Authority To Change Schedule: The City Manager is hereby authorized and empowered to change or amend the collection schedules from time to time as the City Manager may deem necessary. 13-6A-8: STORAGE, CONTAINMENT, AND SET-OUT LOCATIONS OF SOLID WASTE: A. Alleys: Where collections are made from alleys, solid waste containers shall be placed in one location for each dwelling, in clear view and at the owner's property line abutting the alley and on the days designated. B. Streets: Where collections are made from the street, solid waste containers shall be placed in one location for each dwelling, in clear view and in the street right -of- way on the owner's property side of the curb and on the days designated in said schedule. Such containers shall be placed so as not to interfere with vehicular and pedestrian traffic and when emptied shall be promptly removed by the owner. C. Time Limit For Placement Of Containers On Streets: No person shall place solid waste or recycling at the street for collection more than 24 hours before the scheduled collection day. No person shall leave solid waste containers or recycling containers at the street for more than 24 hours after the scheduled collection day. All solid waste shall be placed at the designated collection location for City collection by 6:00 A.M. on the scheduled collection day. D. Duty When Solid Waste Not Collected: Any solid waste not in compliance with this chapter shall not be collected by the City and shall be removed by the owner within 24 hours after the scheduled collection day and stored in such a manner as not to create a health, safety, or fire hazard. E. Solid waste collection containers stored in the right-of-way for longer than 24 hours after the scheduled collection day may be subject to removal at the property owner's expense. F. The City may make exceptions for the storage and set out of solid waste containers for elderly or disabled persons upon application to the Public Works Department. G. On collection days, solid waste containers shall be placed in plain view at a point within two feet of the curb or alley line. H. If a customer would like to change the location of the normal set-out for collection, it must be approved by the City. I. Containers must have a two-foot radius around each container, and the lid of the container must open toward the street or alley. J. Material not intended for collection shall not be kept on or near the curb or alley line. The city shall not be responsible for any material so placed which is collected for disposal. 13-6A-9: OWNERSHIP OF MATERIALS; UNAUTHORIZED COLLECTING PROHIBITED: From the time of placement for collection as provided in section 13-6A-8 of this article, all solid waste and recyclable materials and recycling containers which meet the requirements of this chapter placed for collection by the City shall become and be the property of the City and it shall be a violation of this section for any person other than authorized personnel of the City to collect, pick up, or cause to be collected or picked up, any such materials. 13-6A-10: RATES AND CHARGES ESTABLISHED; EXCEPTIONS: A. Refuse. 1. Base Fee and Conditions: A fee of $18.11 per dwelling unit per month shall be paid to the City by the account holder for solid waste collection services. The fee shall be in payment for collection and disposal of one (1) 35-gallon City owned cart per month per cart. 2. Optional Carts: The fee for a 48-gallon solid waste cart shall be $20.28per month. The fee for a 64-gallon solid waste cart is $24.32per month per cart. The fee for a 96- gallon solid waste cart is $34.16per month per cart. 3. Alley Cart Fees: The fee for a 48-gallon solid waste cart is $18.11 per month per cart. The fee for a 64-gallon solid waste cart is $19.60 per month per cart. The fee for a 96-gallon solid waste cart is $28.27 per month per cart. 4. Shared Carts: In multifamily dwellings, where the property owner is the account holder, the owner can opt to using shared 96-gallon carts. Each unit will be billed the basic service, and the number of units will share one or more 96-gallon carts. 5. Single-use Refuse stickers: The fee for a single use refuse sticker shall be $2.00 and shall be applied to each additional standard solid waste container, bag, or small item. 6. A fee of $20.00 shall be paid to the City for each removal of refuse containers from the curb. B. Recycling. 1. For Class II premises not serviced by City solid waste collection services for recycling collection, upon approval of an application for City recycling collection a fee of $7.00 per month per 96-gallon container (or volume equivalence) shall be paid to the City by the property owner of each. 2. A fee of $20.00 shall be paid to the City for each removal of recycling containers from the curb. C. Organic Waste. 1. The fee for single-use brush-tie shall be $1.50 each. 2. The fee for single use stickers shall be $1.50 each. 3. The fee paid to the City by a customer of record with the City for an annual yard waste decal for a privately-owned rigid 35-gallon container shall be $40.00 each. A decal shall only be used by the customer of record with the City who purchased it. 4. The fee paid to the City for subscription to a 64-gallon City-issued organic waste cart shall be $10.00 per cart per month. 5. The minimum fee paid to the City for collection of a scheduled leaf rake out is $20.00 for a forty (40) standard leaf bag equivalent pile of leaves in the parking lane at the curb. 3. A fee of $20.00 shall be paid to the City for each removal of organic waste containers from the curb. D. Bulky Waste. 1. A fee of $13.00 shall be paid by the owner for each time the service is provided for up to the equivalent of three (3) cubic yards of solid waste. 2. An additional fee of $13.00 shall be paid for each additional three (3) cubic yards of solid waste. 3. A fee of $6.00 shall be paid to the City for each tire. 4. A fee of $20.00 shall be paid to the City by the owner for each appliance collected in the service (such as stoves, microwaves, dishwashers, refrigerators, and dehumidifiers). 5. A fee of $6.00 shall be paid to the City for metal material that is larger than 2 feet by 3 feet and or heavier than 40 pounds (such as grills, bed rails, exercise bikes). 6. A fee of $20.00 shall be paid to the City for each collection of a TV or monitor. 7. A fee of $6.00 shall be paid to the City for the collection of items with a plug in/chord per pick-up (such as VCR's, computer tower, or computer printer), Excluding TVs and monitors. 8. A fee of $20.00 shall be paid to the City for each collection requested by the for service on a day not receiving weekly collection at the service address in which the collection crew is not in that service area or is not a current weekly solid waste customer of the City. Service Type FY26 Rates Refuse 35-Gallon Cart $18.11 48-Gallon Cart $20.28 64-Gallon Cart $24.32 96-Gallon Cart $34.16 48-Gallon - ALLEY CART $18.11 64-Gallon - ALLEY CART $19.60 96-Gallon - ALLEY CART $28.27 Shared Cart Fee Per Unit $18.11 Single-Use Trash Sticker $2.00 Discount for Income Eligible Customers (see Paragraph F of Section 13-6A-F) ($9.06) Organic Waste Annual Yard Waste Decal $40.00 64-Gallon Cart $10.00 13-Gallon Cart $1.00 Leaf Rake-Out $20.00 Yard Waste Brush Ties $1.50 Single-Use Yard Waste Sticker $1.50 Recycling Recycling Only - Residential & Commercial $7.00 Bulky Items 1 Hopper - 3 Cubic Yd of Refuse $13.00 Tire $6.00 Large Metal Material Pick-Up $6.00 Appliance $20.00 TV and Monitors $20.00 Electronic Pick-Up $6.00 Miscellaneous Off-Route/Non-Customer Fee $20.00 Right-Of-Way Removal Fee $20.00 13-6A-11: CHARGES; BILLING AND COLLECTION: A. City Billing: The City Manager is authorized to bill tenants upon the written request of the property owner and according to a procedure to be established by the City Manager. The property owner in such cases shall provide any information on each tenant's mailing address to aid in the collection of fees for City services. In all cases, the property owner shall remain liable for the payment of all charges required by this chapter. B. Monthly Billing: All accounts shall be billed monthly. The payment of bills is subject to the terms of section 13-1C-4 of this title. C. Unpaid Billing For Class I Premises: The collection of solid waste provided Class I premises and the maintenance of the availability of such service, whether or not such service is used regularly or not at all by the owner of such Class I premises, is hereby declared a benefit to said premises at least equal to the monthly charges specified, and in case of failure to pay the monthly charge when billed as heretofore provided, then the monthly charge shall become a lien against the property benefited or served and shall be collected in the same manner as general Property Taxes. D. Certify Delinquent Accounts To County Treasurer: It is the duty of the City Treasurer to certify the actual rates and fees plus the costs of administration to the County Treasurer as provided in section 13 -1C-4 of this title and all such costs will constitute a lien against said property and be collected with and in the same manner as general Property Taxes on said property. E. In cases of extreme financial hardship, the City may make adjustments in the monthly collection charges as deemed appropriate. In such cases, the City may require proof of financial status or extreme hardship, as the City may deem necessary. F. When resident(s) of a Class I premises meets the HUD "Section 8" guidelines for the size of the household may, upon application to the City Manager or designee, be exempted from one-half (1/2) the established 35-gallon refuse collection service rate. After the initial application, annual review is required. 13-6 A-12: PRIVATE COLLECTION SERVICE: A. License Required: No person shall engage in the business of removing or hauling solid waste from the premises of another person without a license to do so from the City Manager. The issuance of such license shall be in the manner prescribed and subject to the terms of title 4, chapter 1 of this Code. B. Application for License; Fee: Application for such license shall specify the type of equipment and vehicles to be used, the routes to be traveled, the places to be served and the name and residence of the applicant. Such persons shall pay, at the Office of the City Treasurer, an annual license fee of $25.00 per year for each vehicle engaged in such business. C. Display of License Number on Vehicle: No person shall operate a vehicle licensed under this section unless the license number is prominently displayed on the lower portion of the driver's side of the windshield in clear view. Such license number shall be affixed to the vehicle not less than five (5) days after the day of issue. D. Separability of Provisions: It is the intention of the City Council that each subsection, paragraph, sentence, clause, and provision of this section is separable, and if any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of this section nor any part thereof other than that affected by such decision. Section 2. This ordinance shall take effect July 1, 2025. Passed, approved, and adopted this 28th day of April 2025. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 4. Establishing Stormwater Management Utility Rates for Fiscal Year 2026 : Motion by Roussell to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Wethal. Moti on carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 14 -25 Amending City Of Dubuque Code of Ordinances Section 13-4-5 (D) SFU Rate, Charges; Utility Revenues. Seconded by Wethal. Motion carried 7 -0. ORDINANCE NO. 14-25 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 13 -4-5 (D) SFU RATE, CHARGES; UTILITY REVENUES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That City of Dubuque Code of Ordinances Section 13 -4-5 is amended to read as follows: (D) The SFU rate to be applied to residential and nonresidential properties shall be $11.03 per SFU. Section 2. This Ordinance shall take effect on the 1st day of July 2025. Passed, approved and adopted this 28th day of April 2025. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, CMC City Clerk 5. Five-Year Street Construction Program for Fiscal Years 2026 – 2030: Motion by Wethal to receive and file the documents and adopt Resolution No. 146 -25 Adopting the Five-Year Street Construction Program for Fiscal Years 2026 - 2030. Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 146-25 ADOPTING THE FIVE-YEAR STREET CONSTRUCTION PROGRAM FOR FISCAL YEARS 2026 - 2030 Whereas, a recommended Five-Year Street Construction Program for the Fiscal Year 2026 - 2030 beginning July 1, 2025, and ending June 30, 2030, for the City of Dubuque has been prepared and submitted to the City Council; and Whereas, the Five-Year Street Construction Program: 1) describes specific capital improvement projects; 2) provides estimated costs for those projects; 3) proposes sources of funding; and 4) schedules the fiscal/calendar year during which each project will be undertaken; and Whereas, the capital improvement projects for the first year of such five -year program are included in the Fiscal Year 2026 budget; and Whereas, the adoption of the Five-Year Street Construction Program is a prudent measure to provide continuity of programs and is in the best interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Five-Year Street Construction Program for Fiscal Years 2026 – 2030 beginning July 1, 2025, set out in the Fiscal Years 2026 – 2030 recommended Capital Improvement Budget, is hereby approved and adopted as the proposed allocation of City resources for capital improvements as scheduled in the years shown, subject to annual review and revision. Passed, adopted and approved this 28th day of April 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 6. Planning Services Department Increased Fees for Fiscal Year 2026 : Motion by Farber to receive and file the documents and adopt Resolution No. 147 -25 Rescinding No. 101-24, Establishing A Schedule of Development Services Fees, And Adopting in Lieu Thereof a New Schedule of Development Services Fees as Provided in Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code. Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 147-25 RESCINDING NO. 101-24, ESTABLISHING A SCHEDULE OF DEVELOPMENT SERVICES FEES, AND ADOPTING IN LIEU THEREOF A NEW SCHEDULE OF DEVELOPMENT SERVICES FEES AS PROVIDED IN TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE Whereas, the City Council of the City of Dubuque, Iowa establishes by resolution certain fees for development services pursuant to the Unified Development Code, pursuant to the attached schedule of Development Services Fees for the Planning Services Department. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Resolution No. 101-24 and its Schedule of Fees is hereby rescinded effective July 1, 2025. Section 2. That the attached Fee Schedule for the Planning Services Department is hereby approved. Section 3. That the attached Fee Schedule shall take effect on July 1, 2025. Passed, approved and adopted this 28th day of April 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk ADJOURNMENT There being no further business, Mayor Cavanagh declared the meeting adjourned at 8:02 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk